Playing Smart changelabsolutions.org | kaboom.org 79 Working Through Conflicts In many cases, conflict between partners can be minimized or avoided altogether by carefully planning for and working through these critical issues of stakeholder involvement, facility access, and site maintenance and upkeep. But if conflicts arise, they’re best addressed early on. It’s often easy enough to reach out to the local contact at the school or parks department (or other joint user) to have a conversation about the issue at hand. The other party may not even be aware that a problem exists. In addition, there should be regular meetings of the joint use work group to discuss how satisfied everyone is with how the agreement is being carried out. The meetings provide opportunities to review successes and address areas of concern before they become larger problems, and to incorporate lessons learned into future joint use agreements. Finally, joint use partners should consider leaving room in the agreement to renegotiate the terms of the contract. Establishing a process to renegotiate based on emerging needs provides another useful way to resolve conflicts that may not have been addressed or spelled out clearly in the first drafting. A Living Tool for Communication As a rule, a successful joint use agreement thoroughly documents the outcome of a negotiation process that included everyone who controls access to the facilities, raised all of the critical issues, and produced solutions that were mutually affirmed. Agreements can contain a host of exhibits documenting solutions to issues that were raised during negotiation. These might include fee schedules, detailed lists of those who are (or aren’t) allowed to have keys to the facility, methods of dispute resolution, and provisions for renegotiating the agreement – the latter being key for keeping the lines of communication open throughout the life of the agreement. In Vallejo, Caliornia, for instance, a joint use agreement between the city’s recreation department and schools contains a “periodic reviews and revisions” clause, which states that the partners agree to review the agreement every three years, making revisions only with the mutual written consent of both parties.114 Clear lines of communication are essential for a healthy joint use agreement, and regularly revisiting the agreements can guard against the lapses in communication that lie at the heart of failed partnerships. In the town of Anderson in Shasta County, California, a joint use agreement states clearly that the terms “may be modified at any time by the mutual consent and written agreement of the respective parties.”115 Joint use agreements that serve as a tool for ongoing communication among schools, city or county agencies, and nonprofits – documenting mutually agreed-upon solutions to concerns raised by each – can go a long way toward providing communities with safe, clean, and reliable opportunities for physical activity.
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